Any person proposing to create a subdivision
shall submit a sketch plan, a copy of the latest deed for the subject
premises, appropriate fees and two copies of an application for subdivision
approval. Application forms may be obtained from the Planning Board.
This application form shall include:
A.
The title (name) of the subdivision.
B.
The name, address and telephone number of the property
owner(s) of record or his/her/their agent. If an agent shall be involved,
authorization from the owner(s) shall be provided.
C.
The name or number of the road where the proposed
subdivision is to be located.
D.
The Tax Map number (section, block and lot).
E.
The name, address and telephone number of the surveyor
or engineer preparing the subdivision plat.
F.
The type of water supply, existing and proposed.
G.
The type of sewer system, existing and proposed.
H.
The fee or receipt for the same from the Planning
Board Secretary.
I.
Notarized signature(s) of the owner(s) of record (officer,
if a corporation).
The following procedures and requirements shall
apply to minor subdivisions only. All other subdivisions and resubdivisions,
regardless of the total number of lots involved, shall be processed
as major subdivisions.
A.
Procedures for review of minor subdivisions.
(1)
Items to be submitted. The subdivider shall submit
nine copies of the plat and required supplementary data, including
a short environmental assessment form, to the Planning Board Secretary
or his/her designee at least 10 days prior to the meeting of the Planning
Board at which review is desired.
(2)
State environmental quality review requirements. The
Planning Board shall classify the proposed action under the requirements
of the State Environmental Quality Review Act (SEQR),[1] make a designation of lead agency status, notify (if necessary)
other involved/concerned agencies and, finally, make a declaration
as to potential environmental impact, following the procedures and
timing of state environmental quality review regulations as contained
in the New York State Environmental Conservation Law.
[1]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
(3)
Public hearing. The Planning Board shall hold a public
hearing on the plat pursuant to § 276 of the New York State
Town Law no later than 45 days following receipt of a complete plat.
(4)
Action on plat. The Planning Board shall approve,
modify and approve or disapprove the plat within 45 days following
a public hearing complying with the procedural requirements of § 276
of the New York State Town Law.
(5)
Filing. Following approval of the plat by the Planning
Board, the subdivider shall, within 60 days, file the plat in the
County Clerk's office. Failure to do so shall render the plat void,
and the subdivider shall resubmit the plat for approval, including
any filing fees required.
B.
Plat requirements for minor subdivisions. The plat
shall be prepared by a licensed land surveyor and shall show all the
lots proposed to be created. The plat shall meet the following requirements:
(1)
The map shall be drawn by a licensed land surveyor
to the County Clerk's requirements at least 8 1/2 inches by 11
inches and not more than 24 inches by 36 inches.
(2)
The names of all abutting property owners.
(3)
The location of designated wetlands or flood hazard
areas.
(4)
The size of any remaining acreage in the tract from
which lots are being taken shall be shown by a perimeter survey.
(5)
Topography to no less than twenty-foot contours.
(6)
Existing public roads shall be identified by name
or route numbers and private roads by their posted names.
(7)
Proposed lot or parcel lines shall be drawn to scale
and dimensions given in feet and hundredths of a foot. Lot areas shall
be indicated. The map shall depict the proposed subdivision as part
of the contiguous holdings of the subdivider and show adjacent lots
already taken from the parcel.
(8)
Certification by a licensed surveyor as to the accuracy
of the survey and plats, giving the date of survey and the date drawing
was completed. Such certification shall also include conformity with
New York State Department of Health regulations and all regulations
of the Town of Neversink with respect to sewage disposal.
(9)
Location and results of percolation tests and deep
pit tests for each lot.
[Amended 11-24-1992 by L.L. No. 5-1992]
(10)
Any other information the Planning Board may deem
appropriate.
The following procedures and requirements shall
apply to major subdivisions.
A.
Sketch plans for major subdivisions. A sketch plan
shall be submitted to the Planning Board of a scale sufficient to
show the entire tract on one sheet and should show or include the
following:
(1)
The location of that portion which is to be subdivided
in relation to the entire tract.
(2)
All existing structures and wooded areas within the
portion to be subdivided.
(3)
The name of the owners of all adjoining properties
as disclosed by the most recent tax rolls.
(4)
All streets or roads, streams, water mains, sanitary
sewers and electric, power and transmission lines, within 500 feet
of the subdivision.
(5)
The types and bounds of all soils on the site.
(6)
The tentative layout of the remainder of the tract
or other contiguous property owned by the subdivider.
(7)
The North point, scale and date.
(8)
A location map depicting the premises upon the United
States Geological Survey quadrangle map(s).
B.
Preliminary plat requirements for major subdivisions.
12 copies of the preliminary plat shall be required for all proposed
major subdivisions. The preliminary plat shall be submitted to the
Planning Board Secretary, or his/her designee, at least 10 days prior
to the meeting at which the plat will be formally presented. The preliminary
plat shall meet the following requirements and contain the following
information:
(1)
The preliminary plat shall be clearly and legibly
drawn by a licensed land surveyor to the County Clerk's specifications.
Maps shall be not less than 8 1/2 inches by 11 inches nor more
than 24 inches by 36 inches in size.
(2)
The proposed name of the subdivision. The name shall
not duplicate in spelling or pronunciation any recorded subdivision
within the Town of Neversink.
(3)
The location by Town, county and state. The plat should
also include Tax Map numbers for the subject parcel and adjacent parcels.
(4)
The boundaries of the total tract and acreage contained
within it.
(5)
The names of the owners of adjacent properties and
lines showing where they intersect the subject parcel.
(6)
The proposed lot layout, with a numbering of lots.
(7)
The approximate dimensions and acreage of each lot.
(8)
The existing contours at intervals of not more than
20 feet. (United States Geological Survey maps may suffice for the
basis of this item.) The Town reserves the right to request greater
detail when the scope or nature of the development demands the same.
(9)
The location and extent of undevelopable areas, including
widths of rights-of-way of all streets, utility areas, parks, public
grounds, existing buildings and all open space areas.
(10)
The approximate locations of existing sanitary sewers,
public water mains, storm sewers, electric power and transmission
lines and all other items above or below ground, with direction of
flow and pressure, if applicable.
(11)
The proposed layout of streets and other public rights-of-way,
including widths and proposed names which shall not duplicate existing
names by spelling or pronunciation. The street proposals shall be
accompanied by a submission of plans, including profiles, cross sections
and preliminary designs for bridges and culverts.
(12)
All drainage easements shall be shown and marked as
such.
(13)
Approximate final grades in areas of cut or fill shall
be shown.
(14)
The building setback lines.
(15)
Any lots designated for uses other than residential
shall be indicated.
(16)
The parcels to be dedicated to the public or reserved
for public use or to be reserved for use by residents of the subdivision
shall be shown and marked as such.
(17)
The proposed covenants and restrictions.
(18)
Location and results of percolation tests and deep
pit tests for each lot, together with certification by a professional
engineer as to the conformity of the plans with the requirements of
the New York State Department of Health and the Town of Neversink
pertaining to sewage disposal.
[Amended 11-24-1992 by L.L. No. 5-1992]
(19)
The location of New York State designated wetlands.
(20)
The location of any designated flood hazard areas.
(21)
An erosion and sedimentation plan prepared by a licensed
professional engineer, if required by the Planning Board.
(22)
A stormwater management plan prepared by a licensed
professional engineer, if required by the Planning Board.
C.
State environmental quality review.
(1)
In connection with the state environmental quality
review process, the subdivider shall provide the Planning Board with
any and all information which the Planning Board may reasonably require
to classify the proposed action, review the action and make a final
determination.
(2)
The Planning Board shall classify the proposed action
under the requirements of the State Environmental Quality Review Act
(SEQR),[1] make a designation of lead agency status, notify (if necessary)
other involved/concerned agencies and, finally, make a declaration
as to potential environmental impact, following the procedures and
timing of state environmental quality review regulations as contained
in the New York State Environmental Conservation Law.
[1]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
D.
Preliminary public hearing. The Planning Board shall,
no later than 62 days following the submission of a complete preliminary
plat, hold a public hearing on the preliminary plat pursuant to § 276
of the New York State Town Law. In addition, the Planning Board shall
cause notice of such hearing to be provided to the owners of property
within 500 feet of the parcel subject to the application as identified
on the latest assessment roll of the Town of Neversink. Such notice
shall be given by certified mail at least 10 days in advance of such
hearing. All costs associated with providing such notice shall be
borne by the applicant. This same public hearing may serve as the
required public hearing on the state environmental quality review
draft environmental impact statement (DEIS), if one was required to
be prepared according to an assigned scope of potential impacts.
[Amended 1-23-2008 by L.L. No. 1-2008]
E.
Action on the preliminary plat.
(1)
The Planning Board shall take action within 45 days
after the public hearing required on such plat to approve, approve
with modifications or disapprove the preliminary plat. This time may
be extended upon mutual consent of the subdivider and the Planning
Board.
(2)
When approving a preliminary plat with modifications,
the Planning Board must state, in writing, the modifications it deems
necessary for submission of the plat in final form. When disapproving
a preliminary plat, the Planning Board shall state, in writing, the
reasons for disapproval. Approval of the preliminary plat shall not
constitute approval of the subdivision plat, but rather it shall be
deemed an expression of approval of the design submitted on the preliminary
plat as a guide to the preparation of the final plat, which will be
submitted for approval of the Planning Board and the recording upon
fulfillment of the requirements of this chapter and the conditions
of the approval of the preliminary plat, if any. Prior to approval
of the final plat, the Planning Board may require additional changes
as a result of further study of the subdivision in final form or as
a result of new information obtained at the public hearing.
F.
Expiration of approval. Planning Board approval of
a preliminary plat shall expire six months after the date of such
formal action. No Planning Board action will be taken after such expiration
until a new application and filing fee are submitted. An extension
of preliminary approval for a reasonable period of time may be given
in cases of hardship upon petition to the Planning Board.
G.
Requirements for guaranty of improvements.
(1)
Methods to be followed. After approval of the preliminary
plat, the subdivider, in a manner consistent with § 277
of the New York State Town Law, shall provide for the installation
of required improvements (those physical additions and changes which
may be necessary to provide usable and desirable lots). Before requesting
final plan approval, the subdivider must:
(2)
Performance guaranty. This section is designed to
be consistent with § 277 of the New York State Town Law
and the Town hereby incorporates all authorities and requirements
contained therein as part of these regulations.
(a)
Posting. The performance guaranty must be approved
by the Town Board, with the advice of the Planning Board and Town
Attorney, and must:
[1]
Be a surety bond, certified check or other security,
provided that the same is satisfactory to the Town Board and consistent
with the requirements of § 277 of the New York State Town
Law.
[2]
Be payable to the Town of Neversink.
[3]
Be in an amount sufficient to complete the improvements,
taking into account expected cost increases.
[4]
In the case of cash or its equivalent, be held
in an escrow fund in the name of the Town.
[5]
Specify a satisfactory completion date for the
improvements, which shall not be more than three years from the date
of the final approval. Provisions may also be made for completion
of improvements in phases.
(b)
Return. When the improvements have been completed
and approved by the Town Engineer or other qualified individual designated
by the Town, the guaranty shall be released and returned. When any
of the required improvements have been completed and approved or materials
for the same have been secured on-site, a portion of the security,
commensurate with the cost of these improvements, may be released
and returned.
(c)
In the event that any required improvements
have not been installed within the terms of such performance guaranty,
the Town Board may thereupon declare the performance guaranty to be
in default and collect the sum remaining payable thereunder, and,
upon the receipt of the proceeds thereof, the Town may install such
impprovements as are covered by such performance bond and are commensurate
with the extent of building development that has taken place in the
subdivision, but not exceeding in cost the amount of such proceeds.
(3)
Maintenance bond. Where improvements are being dedicated
to the Town, the subdivider shall comply with the applicable requirements
of any other Town ordinances, laws and regulations governing dedication
of improvements and submit a maintenance bond or other approved performance
guaranty to guarantee maintenance and repair of those improvements
for 12 months from the date of dedication. The maintenance bond shall
generally be a maximum of 10% of the costs of improvements, subject
to approval of the Town Board, and may be waived or altered on the
advice of the Town Engineer.
H.
Final plat requirements for major subdivision.
(1)
Following the installation and inspection of improvements
or if provision is made for the posting of satisfactory guaranties
for their installation and maintenance, the subdivider may submit
the final plat to the Planning Board, which shall be processed in
the same manner as a preliminary plat, except that a second public
hearing may not be required if the final plat is in substantial conformity
with the preliminary plat as approved.
(2)
The final plat shall be drawn on Mylar. The plat shall
be prepared on one or more sheets of a uniform size and scale. Final
plat attachments and exhibits shall be numbered and labeled in accordance
with the requirements of this section. The final plat submission shall
include, in addition to the information required for the preliminary
plat submission, the following:
(a)
The exact locations, widths and names of all
streets within the subdivision.
(b)
Complete curve data for all curves shown on
the plat.
(c)
Exact descriptions of all easements being provided
for services or utilities in the subdivision and any limitations placed
on the use of such easements.
(d)
Accurate outlines of any lots or areas to be
reserved or dedicated for common use by residents of the subdivision
or for any public use, with the purpose indicated thereon.
(e)
Building setback lines, shown graphically, with
dimensions.
(f)
A final version of all restrictions and covenants,
if any, the developer intends to place in the deeds to the lots in
the subdivision. If no such restrictions or covenants are to be imposed,
a statement to that effect shall be included.
(g)
The total tract boundary lines of the area being
subdivided, with accurate distances to hundredths of a foot and bearings
to one minute. These boundaries shall be determined by accurate survey
in the field. The location and elevation of all boundary line (perimeter)
monuments shall be indicated, along with a statement of the total
area of the property being subdivided. In addition, the surveyor shall
certify as to the accuracy of the survey, the drawn plan and the placement
of the monuments.
(h)
Satisfactory evidence that all improvements
have either been installed and approved, or that a guaranty in an
amount satisfactory to the Town Engineer and sufficient to ensure
their installation, has been submitted to and approved by the Town.
(i)
Complete final construction plans and profiles
of installed or proposed public sanitary sewage disposal systems and
storm drains, with grades and pipe sizes.
(j)
Complete final construction plans of installed
or proposed public water distribution systems, showing pipe sizes
and locations of valves and fire hydrants, if any.
(k)
Evidence of actual agreements made with utility
companies or agencies for supplying each lot in the subdivision with
electric, power and telephone service.
(l)
A key map, for the purpose of locating the site
to be subdivided, at a scale of not less than 2,000 feet to one inch,
showing the relation of the property to all streets, roads and municipal
boundaries existing within 4,000 feet or any part of the property
proposed to be subdivided. United States Geological Survey quadrangle
maps shall be the base for such a key map.
(m)
Approval blocks for the signatures of the Town
Planning Board shall appear on the first sheet of all sets of plans,
including the Mylars.
(n)
A statement that erosion and sedimentation and
stormwater management plans, if required by the Planning Board, have
been prepared and were approved by the Town Engineer.
(3)
Each final plan submission shall, in addition to the
items required above, include new submissions of preliminary plat
data in any instance where there has been a change in the plans or
the circumstances surrounding them.
(4)
Final plats may be submitted in phases. However, no
preliminary plat, or portions of such plat, shall remain valid for
development of final plats after a period of six months from preliminary
approval, unless an extension is granted by the Planning Board.
I.
Public hearing. A public hearing shall be held on
the final plat by the Planning Board within 45 days of its submission.
However, when the Planning Board deems the final plat to be in substantial
conformity with an approved preliminary plat (and modified in accordance
with the requirements of the approval given to the preliminary plat,
if the preliminary plat was approved with modification) the Planning
Board may waive the requirement for the public hearing on the final
plat.
J.
Action of proposed final plat. The Planning Board
shall, within 45 days from the date of the public hearing on the final
plat, if one is held, or within 45 days after the receipt of the final
plat by the Secretary of the Planning Board, if no hearing is to be
held, approve, approve with modifications or disapprove the final
plat. This time may be extended upon mutual consent of the subdivider
and the Planning Board. If the plat is approved, the subdivider shall
carry out the following steps prior to obtaining the Chairman's signature
of approval:
K.
Filing. Following approval of the final plat by the
Planning Board, the subdivider shall, within 60 days, file the final
plat in the County Clerk's office. Failure to do so will render the
plat void, and the subdivider shall resubmit the plat for approval,
including any filing fees required.
The Planning Board may require a deed restriction
limiting the resubdivision of any parcel of land large enough to be
legally subdivided or resubdivided under the provisions of the Town
Code. The intent of the deed restriction will be as follows:
A.
No more than a total of four lots may be created either
simultaneously or sequentially from a parent parcel under classification
as a minor subdivision. Should more than that total number of lots
be applied for at any time in the future, the applicant will have
to include all information required of a major subdivision for the
previously subdivided lots, as well as for the lots under consideration
in the application.
B.
No more than a total 49 lots may be created either
simultaneously or sequentially from a parent parcel for which both
central sewer and water services do not exist. Should more than that
total number of lots at any time be applied for, the applicant will
have to include a plan for providing central sewer and water services
to the previously subdivided lots at no additional cost to their present
owners, as part of his present application for subdivision.
[Added 11-24-1992 by L.L. No. 5-1992]
A.
Lot improvement exemption. Lot improvements, wherein
a parcel of land is added to an existing lot for the purpose of increasing
the size of the existing lot or a number of small lots are resubdivided
or realloted so as to make a lesser number of larger lots, shall be
exempt from the review procedures established in this chapter, provided
that:
B.
Recording approval. After the Planning Board shall have determined that the conditions for a lot improvement exemption have been met, it shall sign the plat with the following notation: "Approval is granted for recording purposes only in accordance with § 41-12.1 of the Town of Neversink Subdivision Local Law."
C.
Plat requirements; fees. Plats submitted as lot improvements
shall meet the plat requirements for minor subdivisions and shall
be subject to the same schedule of fees as minor subdivisions.
[Added 2-13-2008 by L.L. No. 3-2008]
A.
Natural subdivision exemption. Natural subdivisions,
wherein parcels of land are separated by a public road or by a private
road depicted on a subdivision plat approved on or after January 1,
2008, shall be exempt from the review procedures established in this
chapter, provided that three copies of a proposed natural subdivision
plat are submitted to the Planning Board.
B.
Recording approval. After the Planning Board shall have determined that the conditions for a natural subdivision exist, it shall sign the plat with the following notation: "Approval is granted for recording purposes only in accordance with § 41-12.2 of the Town of Neversink Subdivision chapter."
C.
The Planning Board shall, within 62 days of receipt of a natural subdivision plat, determine whether it complies with the exemption criteria of this § 41-12.2. Should the Planning Board fail to act in the time provided, such plat shall be deemed to not meet the exemption criteria.
D.
Plat requirements; fees. Plans submitted as natural
subdivisions shall meet the plat requirements for minor subdivisions
and shall be subject to the same schedule of fees as minor subdivisions.
